Section 461 in Rules under the United Provinces Excise Act, 1910
461.
(1)The appointment of agents and other servants by the contractor shall be subject to the approval of the Assistant Excise Commissioner of the charge, who will have the power to order the removal from service or prohibit the appointment of any person whom he considers undesirable :Provided that no order for the removal from service of a person covered by the definition of the term 'workman' as given in Section 2 (s) of the Industrial Disputes Act, 1947 (Act No. XIV of 1947), shall be passed without prior consultation with the Labour Commissioner, Uttar Pradesh :Provided further that in the event of a difference of opinion between the Labour Commissioner and the Assistant Excise Commissioner on any particular point relating to removal of a person from service, the matter shall be referred immediately through the Excise Commissioner to the State Government for orders.(2)The order of removal passed by the Assistant Excise Commissioner or his decision to prohibit employment of any person shall be appealable to the Excise Commissioner, Uttar Pradesh.(3)Whenever any workman is suspected of pilferage of excisable goods and his immediate removal from the bonded warehouse is considered necessary to safeguard revenue interests or in the interest of discipline, the contractors may be asked to depute the defaulting workman to some other section which does not involve his entry into the bonded warehouse, pending the receipt of the Labour Commissioner's concurrence for his removal.
